NC Senate leader Phil Berger files formal protests in tight GOP primary election
AI-generated summary reviewed by our newsroom.
- Berger filed formal election protests after trailing Page by 23 votes in GOP primary.
- If accepted, protests could lead to ballots thrown out or a new election.
- Disputes may be appealed up to the NC Supreme Court, where Berger's son is a justice.
After official results showed him trailing by 23 votes in his hotly contested primary election against Rockingham County Sheriff Sam Page, longtime North Carolina Senate leader Phil Berger filed four election protests on Tuesday, alleging, in part, that some voters were given the wrong ballot.
According to a press release from Berger, his protests, which affect 13 voters in total, also allege that some voter registrations were processed incorrectly, and other voters were improperly allowed to change from a Democratic to a Republican ballot after they began voting.
Even if all the protests went Berger’s way, they would not clear the gap between him and Page.
But Berger also requested a recount on Tuesday in which he noted that hundreds of voters were recorded as leaving his race blank on the ballot.
If some of those voters actually did mark a preference in the race — but the machine did not register them — it could be enough to change the result.
“Close election results like this are why the review and recount process allows for a careful review to ensure all legal votes are counted,” Jonathan Felts, a spokesperson for Berger, said.
In a statement, a campaign adviser for Page said that Berger “has offered absolutely no basis to overturn this election.”
“... We trust that election officials will not take this bait and will affirm the will of the voters, not the will of one man,” the advisor, Pat Sebastian, said.
If accepted by election officials, election protests can lead to ballots being thrown out or a new election being called, depending on what is alleged.
In the case of voters allegedly being given the wrong ballot style, Berger asks that county officials investigate his claims and allow any voters who were given the wrong ballot the opportunity to recast their vote.
Election could end up in court
If the recount and protests fail to change the outcome of the race, Page will have pulled off a shocking ouster, unseating the man who has led the state Senate ever since he helped Republicans flip the General Assembly in 2010.
Tuesday’s challenges come in the wake of another nationally watched contested election in North Carolina.
After Democratic incumbent Allison Riggs won the state Supreme Court race in 2024, her Republican opponent, Jefferson Griffin, attempted to throw out over 65,000 ballots cast in the race.
His efforts, though ultimately unsuccessful, drew widespread concern and resulted in a six-month legal battle that ricocheted between state and federal courts.
Berger’s protests could also end up in court.
Whatever decision election officials make could be appealed to Wake County Superior Court. From there, the case could make it all the way to the North Carolina Supreme Court, where Berger’s son, Phil Berger Jr., is a sitting justice.
In the past, Berger Jr. has refused to recuse himself from cases involving his father, arguing that the Senate leader was involved in those legislation-related cases in an official capacity only — not a personal one.
This story was originally published March 17, 2026 at 5:36 PM.
